Make fast money to sell bank cards?You may have been suspected of "helping the crime"!

Text/Cao Hongkun, Haidian Court

High -priced acquisition, rental bank card, mobile phone card,

Easy to earn thousands of pieces,

Such good things have made many people feel excited,

But everyone must be vigilant

Because the act of selling and renting "two cards"

Suspected of constituting crime of helping information network criminal activities.

In recent years, the crime of helping information network crimes (referred to as "helping the letter") has shown a high incidence, especially the acts of sale, rental bank cards, mobile phone cards and other behaviors and communication tools. The bank card and mobile phone card that sells and rental are usually used by telecommunications fraud. The telephone card is used by telecommunications scammers to call or send text messages to the victims, while bank cards are used to "whitewash" the stolen money of telecommunications fraud, so that "Two cards" became the powerful assistant of telecommunications scammers. Through several typical cases below, we will introduce the "sin" behavior that takes place around us.

Greed up to sell credit cards for one year to be sentenced to one year

Wang is a junior college student who works for a part -time job in a fast food restaurant in the summer vacation. Some customers can easily earn thousands of yuan to sell bank cards to the sale of bank cards. In the heart, Wang Mouxin applied for 3 credit cards with his identity information, and sold to others to make a profit of 5,000 yuan. Later Wang's credit card was used to implement telecommunications network fraud, and the amount of flow in the credit card in his name reached more than 1.7 million yuan.

The court held that Wang knew that others used information networks to commit crimes and provided payment settlement help for others' crimes. The circumstances were serious and constituted the crime of helping the information network crime. In view of the fact that Wang had truthful confession and confession and punishment, the court sentenced him to one year in prison, one year for probation, and fined 10,000 yuan.

Ten months of prison for the sale of debit cards for profit for profit

Zheng was working abroad all year round. He saw someone acquired a bank card in a WeChat group. A set of bank cards received 1,500 yuan. Zheng Sui applied for two debit cards in the bank and sold 3,000 yuan. Later, his debit card was used by others for the settlement of telecommunications network fraud crimes, and the total amount involved was more than 300,000 yuan.

The court held that Zheng Mouming knew that others used the information network to commit crimes and provided payment settlement help for others' crimes. The circumstances were serious and constituted the crime of helping the information network crime. In view of Zheng Mou's truthful confession and other plots, the court sentenced him to ten months in prison and fined 10,000 yuan.

Legal representatives sold the company for ten months to prison public accounts

Li Mou is a legal representative of a company, knowing that others use the information network to commit crimes, and still sell the company's industrial and commercial information and banks held by others to profit by thousands of yuan to public accounts. The above -mentioned bank accounts were used by others to implement telecommunications network fraud, reaching the degree of crime, involving more than 4 million yuan in cases of fraud cases.

The court held that Li Mouming knew that others used information networks to commit crimes and provided payment settlement help for others' crimes. The circumstances were serious and constituted the crime of helping the information network crime. In view of Li's surrender, voluntarily pleaded guilty and confession, the court sentenced him to ten months in prison and fined RMB 20,000.

Use other people's information to handle mobile phone cards for sale for one year in prison

Lu Mou is the owner of a mobile phone business point. Some customers find their purchase of real -name authentication mobile cards. Each card is given one thousand yuan. Essence After investigation, 13 of them were used by downstream criminal suspects to implement online telecommunications fraud crimes, and the amount involved was more than 300,000 yuan.

The court held that Lu Mouming knew that others used the information network to commit crimes and provided communication assistance to other people's crimes. The circumstances were serious and constituted the crime of helping the information network crime. In view of the fact that Lu Mou had a truthful confession, the court sentenced him to one year in prison and fined 10,000 yuan.

Judge's reminder:

Most of the criminal subjects of the "sin of the letter" are young people. Such groups have greater economic needs. In order to earn "fast money", they will sell and rent their own bank cards or telephone cards. The abnormal large transaction in the card does not care or ignore it, and believes that the behavior of selling and renting the "two cards" is irrelevant. In fact, most of the cases have constituted "sin of help".

Article 287, Article 287 of the Criminal Law in my country, stipulates the crime of "helping the letter", that is, knowing that others use the information network to implement crimes, and provide Internet access, server hosting, network storage, communication transmission, etc. for their crimes Technical support, or the help of advertising promotion, payment settlement, etc. If the circumstances are serious, they will be sentenced to imprisonment or detention of less than three years, and they will be fined or single. And judging whether the actor has "subjective awareness" is very important. When determining the judicial authority, the judicial organs adhere to the principle of subjective and objective unity, and combine the perception of the perpetrator, the past experience, the transaction object, the profitability, and the criminal behavior of the information network. A comprehensive identification of people's relationships. In addition, according to relevant judicial interpretations, if there are "transaction prices or obvious abnormalities", etc., they can determine that the perpetrators know that others use information networks to implement crimes. The above four cases are obviously abnormal in transaction prices.

At the same time, in accordance with relevant judicial interpretations, if there are situations such as "paying for a settlement of more than 200,000 yuan" and "more than 10,000 yuan in illegal income", it belongs to the "serious circumstances" stipulated in the "crime of helping faith".Establish this crime.Among the above four cases, the payment settlement amount involved in the perpetrator was more than 200,000 yuan, and the illegal income of the Lu's case also reached more than 10,000 yuan.Remind everyone again that you should properly keep your ID card, bank card, and mobile phone card.It should not be sold or rented for corruption for small profits, otherwise it may be suspected of constituted crimes.

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